SEABOARD COAST LINE RAILROAD COMPANY v. MAGNUSON

No. 72-876.

288 So.2d 302 (1974)

SEABOARD COAST LINE RAILROAD COMPANY and Robert J. Schmidt, Appellants, v. Art A. MAGNUSON, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied February 8, 1974.


Attorney(s) appearing for the Case

Frederick J. Ward and William H. Davis, of Giles, Hedrick & Robinson, Orlando, for appellants.

T.G. LaGrone and Hartselle Baker, of LaGrone & Baker, Orlando, for appellee.


OWEN, Chief Judge.

Appellee sustained serious personal injury when the automobile in which he was a passenger was involved in a grade crossing collision with appellants' train. Appellee's suit, tried before a jury, culminated in a judgment in his favor.

Appellants' first three points are concerned with the affirmative defense of assumption of the risk. This defense requires actual knowledge and appreciation of the danger, and thereafter, with a reasonable...

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